Re: 1954 Commonwealth Ave

[Eva Webster]

I just want A-B residents outside of Aberdeen to know about this.  Everyone should learn from this.  It can happen to you.

On 2/10/10 3:09 AM, "Eva Webster" <evawe...@comcast.net> wrote:

Yesterday, the Boston Zoning Board of Appeal granted the developer of 1954 Comm. Ave. all variances that they requested.  It gives them a right to build a 6-story 13-unit building squeezed on a tiny footprint directly behind the existing house, with no appropriate setbacks, and with insufficient parking.

In the aftermath of that...

On 2/9/10 6:49 PM, "Sharon Heim" <sharo...@hotmail.com> wrote:

> I did not even know there was a ZBA hearing scheduled.  

Sharon, et al --

I made an effort to remind people about this hearing in my posting to this group last Thursday, Feb 4 (...), and I highlighted the relevant info. in red.  In that message, I also asked the abutters to organize themselves for the hearing. I don’t know what else I could have done (considering that I don’t even live close to 1954 Comm. Ave.).
(...)
On the other hand, before we blame ourselves, let us not forget that the zoning variance system in Boston STINKS. The ZBA Board bends over backwards to create work for construction unions, which play the same role in Boston City Hall as corporate lobbyists play on Beacon Hill and in Washington. Little people and their rights under zoning don’t matter.  Unless you can afford to sue for your rights, you’re toast.

Everything that happened in the 1954 Comm. Ave. process was calculated and masterfully executed by the developer’s lawyer, with City’s cooperation. That law firm (McDermott, Quilty & Miller) is known for having access to decision makers in City Hall, and so they handle nearly every zoning and licensing issue in A-B.  When they encounter community opposition, they just exhaust residents with multiple meetings in the neighborhood (in which they pretend they’re listening), and then go for a kill after people have been lulled into a false sense of security, believing that the City (Mayor’s Office and the BRA) had heard them based on the feedback expressed in those earlier meetings.

In most cases MQM cuts the deal behind the scenes irrespective of what the abutters think — but people are told that the Mayor’s Office is on their side.  It’s a charade.

I sure hope that the 1954 Comm. Ave. abutters are not going to take it lying down.  People need to claim their power — the only real power they have — and that is to use the court system to invalidate those ILLEGAL variances.  You can afford it — there are many of you.  (This is what Brighton abutters to a proposed big project on Tremont St. in Oak Square did last year -- and they won; the court invalidated the variances that the ZBA had given the developer. It’s because in state court, unlike in City Hall, the zoning is recognized as law that DOES MATTER.)

The neighborhood needs to stand together.  Abutters have legal standing and therefore will need to be listed as plaintiffs. Other neighborhood residents can chip in with monetary contributions. (Please note that ABRA has not been collecting any membership dues for years; in lieu of that, please consider making a donation to this effort.) To be a part of what needs to be done, please email Trish at Fin...@bostonabcd.org or Fran at fdie...@hotmail.com (you can copy me if you wish).

(Note to abutters of 332 Chestnut Hill Avenue — please learn from this experience.  When push comes to shove, it’s highly unlikely that anyone in City Hall will help us.  The only thing that can prevent obnoxious overdevelopment on the gas station parcel will be your preparedness to appeal excessive zoning variances.)

Eva

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